Breve De Recto - Law Dictionary Search Results
Home Dictionary Name: breve de rectoBreve de recto
Breve de recto, a writ of right or license for a person ejected out of an estate, to sue for the possession of it....
Recto, Breve de
Recto, Breve de, a writ of right, which was of so high a nature that, as other writs in real actions were only to recover the possession of the land etc., in question, this aimed to recover the seisin and the property, and thereby both the rights of possession and property were tried together.There were two species: (1) writ of right patent, so called because it was sent open, and was the highest writ lying for him who had a fee-simple in the lands or tenements sued for, against the tenant of the freehold atleast, and in no other case; this writ was likewise called breve magnum de recto; (2) writ of right close, which was brought where one held lands and tenements by charter in ancient demesne in fee-simple, fee-tail, or for term of life, or in dower, and was disseised, Co. Litt. 158 b; Jac. Law Dict. abolished by 3 & 4 Wm. 4, c. 27. See ACTION (POSSESSORY)....
Right, Writ of
Right, Writ of [breve de recto, Lat.], a procedure for the recovery of real property after not more than sixty years' adverse possession; the highest writ in the law, sometimes called the writ of right proper. Abolished by 3 & 4 Wm. 4, c. 27; last used in 1835 in Davies v. Lowndes, (1835) 1 Bing NC 597....
Breve
Breve, a writ, by which a person is summoned or attached to answer an action, complaint, etc., or whereby anything is commanded to be done in the courts, in order to do justice, etc. It is called breve, from the brevity of it, and is addressed either to the defendant himself, or to the chancellors, judges, sheriffs, or other officers, Skene, de verb. 'Breve.' See WRIT; ORIGINAL WRIT; JUDICIAL WRIT.Breve income-tax act dicitur, quia rem de qua agitur, et intentionem patentis, paucis verbis breviter enarrat. 2 Inst. 39.--(A writ is so-called because it briefly states ,in few words, the matter in dispute, and the object of the party seeking relief.)...
Recto de custodia terr' et h'redis
Recto de custodia terr' et h'redis, a writ of right of ward of the land and heir. Abolished....
Recto de dote
Recto de dote, a writ of right of dower, which lay for a widow who had received part of her dower, and demanded the residue, against the heir of the husband or his guardian. Abolished. See 23 & 24 Vict. c. 126, s. 26, and DOWER....
Recto de dote unde nihil habet
Recto de dote unde nihil habet, a writ of right of dower whereof she had nothing, which lay where her deceased husband, having divers lands or tenements, had assured no dower to his wife, and she thereby was driven to sue for her thirds against the heir or his guardian. Abolished. See ibid....
Recto de rationabili parte
Recto de rationabili parte, a writ of right, of the reasonable part, which lay between privies in blood, as brothers in gavelkind, sisters, and other coparceners, for land in fee simple, Fitz. N.B. 9....
Odio et atia
Odio et atia, a writ anciently called breve de bono etmalo, addressed to the sheriff to inquire whether a man committed to prison upon suspicion of murder were committed on just cause of suspicion, or only upon malice and ill-will; and if, upon the inquisition, it was found that he was not guilty, then there issued another writ to the sheriff to bail him, Reg. Brev. 133. But the practice now is to issue a habeas corpus...
Breve perquirere
Breve perquirere, to purchase a writ or license of trial, in the king's courts, by the plaintiff, qui breve perquisivit; whence the usage of paying 6s. 8d. fine to the Crown where the debt is 40l., and of 10s. where the debt is 100l., etc, is suits and trials for money due upon bond, etc....
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